Road accident at work? TAC or WorkCover claim

Managing your road accident injury can be quite complicated.

Not only are you dealing with the physical and emotional challenges of your injuries, but you may also face financial hardship.

On top of that, there's the added stress of lodging a workers’ compensation claim to ensure you receive the support and compensation you deserve.

But what if your road accident didn’t happen at your usual workplace? Or what if the injury occurred on your way to work, between jobs, or during an authorised lunch break? In these situations, the lines between going to WorkCover or the Transport Accident Commission (TAC) can become blurred.

So, who’s responsible for your claim?

As a road accident and WorkCover lawyer, I’ll break down how these claims work and when each scheme applies to you.

Road injury travelling to and from work

As a Victorian, if you’ve been in a road accident on your way to or from work, you can make a claim for compensation via the TAC.

A portion of the funds from Victorian vehicle registration goes directly towards insurance premiums, which allows the TAC to pay compensation and treatment costs to individuals who are injured in a transport accident.

However, if you travel to or from work with no fixed place of employment, you will typically be covered by WorkCover. This is particularly useful for workers who attend various worksites or home support workers who visit their clients’ homes for work.

Similarly, if you were driving a company vehicle to or from work, you may be covered by WorkCover or the TAC, depending on your employment contract. Typically, the TAC is available to assist you in a road accident unless it’s already covered by another compensation scheme.

Injured on the road while working

If you were injured while working on or near the road, you’re likely covered by WorkCover. For example, a road construction worker who gets injured while performing their duties on the road shoulder can claim statutory benefits, such as weekly payments, medical expenses, and impairment benefits, through WorkCover.

If your injury was caused by someone else’s negligence, including your employer, you may also be able to claim common law damages through the TAC.

Injured while driving for work

If your job requires long-distance driving, such as working in transport or as a taxi driver, you are entitled to statutory benefits under WorkCover, including weekly payments, medical expenses and impairment benefits. You don’t need to prove anyone was at fault to receive WorkCover benefits.

However, to claim common law damages, you must go through the TAC and show that someone else was at fault due to their negligence.

Injured during a break

If you are injured in a road accident during an authorised recess, such as during your lunch break, morning tea or afternoon tea, you’re entitled to the same benefits as if the injury occurred while you were working.

For example, if you were hit by a car at a pedestrian crossing while walking to get your lunch, you may be eligible to claim statutory benefits through WorkCover. You may also pursue common law damages through the TAC if you can prove that another party was at fault.

Getting help with a road accident claim

If you’ve been injured in a car accident, whether on your way to work or while working, you may be entitled to make a WorkCover claim, a TAC claim, or even both, depending on your circumstances.

If you or a loved one has been injured in a road accident, we can help.

Use our free claim check tool to find out if you have a claim, or call us on 1800 111 222 today to speak with one of our expert road and work accident lawyers who can help you with your claim.

Our lawyers are highly skilled and experienced at getting the best outcomes for our clients.

The initial consultation is free and without obligation. Time limits apply, so don’t delay.